Mushroom Laws by State 2026
Psilocybin Mushrooms (Magic Mushrooms) Legality
State | Psilocybin Mushrooms (Magic Mushrooms) Legality ↓ | Adittional Mushroom Legality Details | |
|---|---|---|---|
 | New Jersey | Reduced Penalties | Since 2021, the possession of psilocybin for personal use has incurred a reduced penalty. |
 | Hawaii | Medical Research | Bills to change the classification of psilocybin and establish psilocybin-assisted treatment centers have been introduced. |
 | Maryland | Medical Research | In 2024, House Bill 548 was approved, which allows a task force to study the use of psychedelic substances, including psilocybin. |
 | Minnesota | Medical Research | In 2023, legislation was passed to allow a task force to study the therapeutic effects of psychedelics, including psilocybin. |
 | Nevada | Medical Research | In 2023, psilocybin was decriminalized, and studies into its therapeutic benefits were approved. |
 | Texas | Medical Research | A bill was passed in 2021 to evaluate the therapeutic benefits of psychedelic treatments, including psilocybin-assisted therapies. |
 | Utah | Medical Research | A law passed in 2024 allowed the creation of two pilot programs offering psilocybin and MDMA treatments. |
 | Washington | Medical Research | Since 2021, it has been legal for people over the age of 21 to access psilocybin-assisted therapies. |
 | Colorado | Legalized | Psychedelics and psilocybin medical treatment centers are legalized. |
 | Oregon | Legalized | Psilocybin is legal for mental health treatments at licensed facilities, and possession of small amounts is decriminalized. |
 | New Mexico | Illegal with Exceptions | Since 2005, it has not been illegal to grow psilocybin mushrooms, although distributing mushrooms remains a felony. |
 | Alabama | Illegal | |
 | Arkansas | Illegal | |
 | Delaware | Illegal | |
 | Florida | Illegal | Bills to decriminalize psilocybin and allow medical research have failed. |
 | Idaho | Illegal | |
 | Louisiana | Illegal | |
 | Mississippi | Illegal | |
 | Missouri | Illegal | Multiple bills have been proposed to change laws around the use of psychedelics, but they are currently inactive. |
 | Montana | Illegal | Bills to allow psychedelic-assisted treatment and research have been proposed and failed. |
 | Nebraska | Illegal | |
 | North Dakota | Illegal | |
 | Ohio | Illegal | In 2020, a bill was proposed that would reduce the penalties for the possession of certain drugs, but it failed to pass. |
 | Oklahoma | Illegal | Bills to permit research into psilocybin-assisted therapy have been introduced but are currently inactive. |
 | Rhode Island | Illegal | |
 | South Carolina | Illegal | |
 | South Dakota | Illegal | |
 | Tennessee | Illegal | |
 | Virginia | Illegal | Various bills have been introduced to decriminalize psilocybin and allow psilocybin-assisted treatments, although these are currently inactive. |
 | West Virginia | Illegal | Bills introduced in 2021 and 2023 proposed to remove substances, including psilocybin, from Schedule I of the CSA but failed or are inactive. |
 | Wisconsin | Illegal | |
 | Wyoming | Illegal | |
 | District of Columbia | Decriminalized in select municipalities | |
 | Alaska | Active Legislation | House Bill 228 was passed in 2024, allowing the establishment of a task force to prepare for psychedelic medicalization. |
 | Arizona | Active Legislation | After a failed bill in 2024, Senate Bill 1555 was introduced in February 2025 to create a psilocybin advisory board to research psilocybin-based mental health treatments. |
 | California | Active Legislation | Personal use and possession of psychedelics has been made the lowest law enforcement priority in certain cities. Statewide legalization bills have failed but continue to be proposed. |
 | Connecticut | Active Legislation | Small amounts of psilocybin have been decriminalized. Currently, a bill to allow the medical use of psilocybin is pending. |
 | Georgia | Active Legislation | A recent bill proposes to change the psilocybin classification to allow access to psilocybin-based treatments. |
 | Illinois | Active Legislation | House Bill 2992 was introduced in February 2025 to develop a pilot program allowing access to psilocybin assisted therapies. |
 | Indiana | Active Legislation | Senate Bill 139 is under review, which will allow the establishment of therapeutic psilocybin research. |
 | Iowa | Active Legislation | Recent bills seek to remove psilocybin from Schedule I classification and allow the legal production and use of the drug for therapeutic purposes. |
 | Kansas | Active Legislation | House Bill 2218 was introduced in February 2025, which seeks to change FDA-approved psilocybin compositions from Schedule I to Schedule IV. |
 | Kentucky | Active Legislation | The state is reviewing bills to reduce penalties for the possession of certain controlled substances. |
 | Maine | Active Legislation | After several failed bills, Maine is now considering the introduction of psilocybin therapy centers and administration, along with the decriminalization of small amounts. |
 | Massachusetts | Active Legislation | Bills are being considered to decriminalize possession and legalize psychedelic-assisted therapies. |
 | Michigan | Active Legislation | Current initiatives are being considered to decriminalize certain controlled substances and legalize the therapeutic uses of certain substances, including psilocybin. |
 | New Hampshire | Active Legislation | House Bill 528 was introduced in January 2025 to decriminalize psilocybin. |
 | New York | Active Legislation | Various bills have been introduced, including legislation to allow the medicinal use of psilocybin and create a psilocybin-assisted therapy pilot program. |
 | North Carolina | Active Legislation | House Bill 727 aims to establish research projects for the therapeutic use of MDMA and psilocybin. |
 | Pennsylvania | Active Legislation | Bills to permit research into the therapeutic benefits of psilocybin have been introduced but are currently inactive. |
 | Vermont | Active Legislation | Bills have been introduced to decriminalize substances, including psilocybin, and permit research into the therapeutic potential of psilocybin. |
- Data current as of July 2026. However, laws regarding psilocybin and other drugs may change at any time. Data shown should not be considered legally authoritative. Interested parties are encouraged to confirm legal status with local authorities.
States Where Psilocybin Mushrooms Are Legal for Medical Use
In some states, psilocybin mushrooms have been legalized for limited medical or therapeutic use under regulated programs. These laws allow controlled access to psilocybin in supervised settings, typically for treatment purposes rather than general use.
Oregon is currently the only state where psilocybin mushrooms are legal for medical use. In Oregon, access is limited to licensed facilities and regulated programs, and use outside of these frameworks remains restricted.
States Where Psilocybin Mushrooms Are Decriminalized
Some states have decriminalized psilocybin mushrooms at the state level, reducing or eliminating criminal penalties for possession and personal use. Decriminalization does not make the substance fully legal but typically lowers enforcement priority or replaces criminal charges with civil penalties.
Colorado has decriminalized psilocybin mushrooms statewide. In Colorado, possession and personal use are permitted within defined limits, though commercial sale and distribution remain restricted under state law.
States With Local Decriminalization Measures
In some states, psilocybin mushrooms remain illegal under state law but have been decriminalized in certain cities or local jurisdictions. These measures typically make enforcement of possession laws a low priority for local law enforcement rather than fully legalizing the substance.
States with local decriminalization measures include California, the District of Columbia, Massachusetts, Michigan, and Washington. In these states, specific municipalities have adopted policies that reduce penalties or deprioritize enforcement, while broader state-level prohibitions generally remain in place.
States With Active Research or Legislative Efforts
Some states have not decriminalized or legalized psilocybin mushrooms but are actively exploring changes through research programs or pending legislation. These efforts often focus on studying potential medical uses or considering future regulatory frameworks.
States with active research or legislative efforts include Connecticut, Maryland, Texas, Utah, Georgia, Illinois, Kansas, New York, Pennsylvania, Virginia, and West Virginia. In these states, psilocybin remains illegal, but ongoing studies or legislative proposals indicate potential shifts in future policy.
States Where Psilocybin Mushrooms Are Illegal
In most U.S. states, psilocybin mushrooms remain illegal under state law. In these jurisdictions, possession, sale, and use are generally prohibited and may result in criminal penalties.
States where psilocybin mushrooms are illegal include Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Hawaii, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Wisconsin, and Wyoming.
